Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25998 of 2021 Applicant :- Pappu Sahu Opposite Party :- State of U.P.
Counsel for Applicant :- Vindhyachal Singh,Raj Mangal Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Vindhyachal Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant- Pappu Sahu with a prayer to release him on bail in Case Crime No.114 of 2021, registered under Sections 3/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Bithur, District Kanpur Nagar during pendency of the trial.
Learned counsel for the applicant submitted that the applicant has no concern with the alleged incident and nothing has been recovered from his possession. There is no independent public eyewitness of the incident. The applicant having two cases of criminal history, which is explained in para 16 of the affidavit on which the applicant is enlarged on bail, copy of bail order has been annexed as Annexure SA-1 to the supplementary affidavit. He next argued that co-accused, namely, Mohar Singh, has been granted bail by this Court in Criminal Misc. Bail Application No.23850 of 2021 vide order dated 03.08.2021, hence the applicant having same case and is entitled for bail. The applicant is languishing in jail since 04.05.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Pappu Sahu, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.8.2021 Nitin Verma